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Mandatory work activity/DPA


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Well it happened today, my first month of claiming job seekers allowance and i have been put on this mandatory work activity.

 

i will not go into the draconian attitude of the benefit Adviser, but i need a bit of advice. She thrust a piece of paper under my nose to sign, it was a Data Protection Act waiver to the MWA provider ATOS. I declined signing it and all she said was

 

it does not matter as they are our approved provider

What personal data can the DWP pass onto the work place provider ATOS, without my express consent

 

many thanks

Edited by squaddie
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Surprised you haven't had any response yet, squaddie, as this topic has been debated many times recently. Somewhere, there is quite a big thread relating to this. Have a scan though the thread topics and you might spot it. Sorry I can't actually help.

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If ATOS is contracted as the "data processor" then the DWP will be the "data controller" - Therefore, any information you have provided to the DWP can be "shared" with ATOS. Not a lot you can do about this except to serve a DPA retraction notice on the DWP which they may well lose or ignore.

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To get yourself off this slave labour you will need to either start a home study course or do some other

form of voluntary work, Even self employed part time will work.

 

If you are working, studying or already doing voluntary work you are exempt from this unpaid work.

 

Will try and find the link I got this info from and post up.

 

George

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Your personal private information is just that.

 

DWP and their cronies ATOS are far too big for their boots, as they continue to exploit the sick and disabled, we are slowly shutting them down.

http://www.boycottworkfare.org/?page_id=1820

http://dpac.uk.net/2013/01/dwp-and-atos-make-a-mockery-of-the-data-protection-act/

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thanks for the response people, just a bit of background

 

i am registered disabled, half a knee, i walk like a duck

i am doing a degree course with the open university

i do one hour a week as a volunteer as an administration assistant, not including traveling

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Found some more info for you:

 

 

http://www.guardian.co.uk/society/20...pulsory-unpaid

 

MWA Exemptions

In December, Boycott Workfare listed a set of circumstances that exempts a person from a MWA referral, it is worth reiterating that these still exist in the updated 23 July guidance – here they are again:

 

you are currently working (paid or voluntary)

you are undertaking employment related study / training

you are taking part in or recently completed another “employment measure”

the reason given is you have a lack of recent work experience

you are being referred because your advisor thinks you haven’t been meeting your jobseeker’s agreement.

 

If any of the above circumstances apply to you and are being ignored, then you should not have to be ‘resisting’, as the advisor has no right to arrange the placement

 

MWA participation would only be beneficial, and therefore appropriate, if it

were deployed as a step within a structured approach designed to address

the claimant’s multiple barriers. Deployed in isolation or as the first or primary

step, MWA would be wholly inappropriate.

18. Given the policy intent of MWA, the following claimants must not be

considered for referral to MWA:

? currently working (paid or voluntary)

? undertaking employment related study / training

? taking part in or recently completed* another employment measure

(contracted or non-contracted) aimed at helping them move closer to

the labour market

(* A claimant ‘dropping-out’ of an employment measure prematurely may, or

may not, indicate a lack of focus and discipline on their part; it is for Advisory

Teams to consider the merits of MWA referral on a case by case basis).

19. MWA must not be used as an alternative means of addressing

conditionality doubts. If there are doubts about a claimant meeting JSA

conditionality (i.e. availability and actively seeking) those doubts must be

addressed appropriately.

20. If a lack of recent work experience is proving to be a barrier to finding work

for an otherwise well-focused claimant, Advisory Teams must seek to address

this through appropriate measures e.g. Work Together; MWA is not an

appropriate measure in such cases.

 

George

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thats what ime after, keep it comming

 

i need to put a letter of complaint together pretty quick as i am sure those parasites ATOS will be phoning soon, and i need to put in a disagreement

Edited by squaddie
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Can a placement on this mandatory work activity be put on hold until an independent decision maker has made a decision, in effect appealing a job centre advisors decision for placing a claimant on this mandatory work activity

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A bit of a development today

 

Atos phoned, and it seems i am being placed in a blue cross charity shop on the 17th of this month

Had a doctors appointment today, he has done a referal back to my surgeon due to the onset of arthritis.

The doctor has given me a sick note for six weeks while the referal takes place

 

what happens now, i am claiming job seekers at the moment, will i have to sign off and claim ESA,

What happens now, do i continue signing on as normal

Do i have to attend this mandatory work activity

What happens with the council tax and housing benefit

 

sorry for the 20 questions as i am totally in the dark

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what happens now, i am claiming job seekers at the moment, will i have to sign off and claim ESA

 

Probably best to do this if you're not fit for work.

 

What happens now, do i continue signing on as normal

 

ESA claimants do not need to sign on, but you should attend any signing on date or other appointment until you have switched benefits, if that's what you plan to do.

 

Do i have to attend this mandatory work activity

 

I'm not certain about this, sorry - they keep changing the rules and I have not worked for the DWP for a couple of years now. I'd suggest you seek clarification from your Jobcentre once you've switched to ESA.

 

 

What happens with the council tax and housing benefit

 

If you're currently on Income Based JSA and you switch to Income Related ESA you should still be entitled to HB/CTB, but you should inform the council of the change.

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for the quick response, one last thing

 

i received the sick cert from the doctor today, i am due to sign on again Monday, so i take it i do a fresh claim for ESA tomorrow, then go into the job centre and sign off of JSA, and tell them i have made a claim for ESA

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If you attend on Monday to sign you can take the fit note to show you are "not fit" for a 6 week period and can complete form JSA28 to cover you for the period up to Monday that is covered bu the fit note to excuse you from the requirement to be actively seeking and available as per the JSAg.

You then specify that you wish to close your claim with last effective date of your claim as Monday 8th April. You then call the contact centre 0800 0556688 to claim ESA from Tuesday 9th April , doing this will make the transition between benefits easier and to make sure you receive a full payment of JSA.

 

Once you have closed the claim for JSA you will not be required to attend the MWA placement.

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Been to the job centre, handed in the JSA 28,

now on the sick till my signing day on Monday

JSA claim is closed down automatic on Monday

Tuesday morning i am on ESA

 

I can now concentrate on getting my knee fixed and getting my life back on track.

The doctor stated i should never have been on JSA, and the job centre staff had a professional obligation to tell me to apply for ESA as there was no way i could be actively seeking full time work in my condition, and abide by a job seekers agreement.

 

what is done is done and i thank you flumps1976 from the bottom of my heart as i really do not have a clue on the benefits system

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You are the exception, the ones i met are no more than bullies

 

I thought they were there to help, not in my case

 

I am glad i do not have to face her again,(adviser) putting me on mandatory work activity for 30 hours a week, i can hardly walk for 30 minutes let alone work 30 hours a week

 

I phoned the work provider today as they had already done a placement in a blue cross charity shop. The provider had not been told by the job centre that i am disabled, let alone on crutches, yet i was expected to just to appear at the charity shop with no risk assessment, nothing

 

The system is really failing and i pity the people put through this who are worse off than i am

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I phoned the work provider today as they had already done a placement in a blue cross charity shop. The provider had not been told by the job centre that i am disabled, let alone on crutches, yet i was expected to just to appear at the charity shop with no risk assessment, nothing

 

This is where the system is bound to fall over at some point, mandating ESA claimants is fraught with problems, I suspect neither the providers or the charities have considered the implications should someone be injured during the placement, this goes for claimants and third parties.

 

Your case aptly highlights the total ignorance shown by the drones, IMO none of the pimps have received training in relation to sick/ disabled referrals, it's obvious most think that ESA is the same as JSA.

Edited by citizenB

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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I think they changed it so the GP has to state you are wether fit to work , not fit to work or that you may be fit to work with conditions attached such as phased return, or work place adaptations.

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I think they changed it so the GP has to state you are wether fit to work , not fit to work or that you may be fit to work with conditions attached such as phased return, or work place adaptations.

 

That was the stated logic, although the old form allowed space for that information to be provided. I think the change was more for the benefit of employers (hah!) than ESA or other processors, since we were instructed to treat them the same as the old notes.

 

Of course, the change happened about the time I left the DWP, so I can't be sure - they were still working out the policy. But to the best of my knowledge, "Fit subject to the following conditions" is to be treated as "unfit" by ESA processors.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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  • 2 weeks later...

I informed the work place adviser Pinnacle two weeks ago that i was no longer claiming job seekers allowance and i was now claiming ESA

 

Yesterday i received three text messages informing me that i had to attend placement in the blue cross charity shop this morning (today)

 

This morning pinnacle phone me up and ask why i was not at the placement

 

Why are these idiots still processing my data when i am no longer obligated to them through the job centre

 

Advice please on giving these idiots grief

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Make a formal complaint to the JCP you attended and exhaust it.

https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

 

Everyone who is in the same position or are being forced to do slave labour, read your rights prior to putting your lives in someone elses hands.

http://www.boycottworkfare.org/?page_id=1820

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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